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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal record] On April 28, 2016, the Defendant was sentenced to a suspended sentence of two years for six months of imprisonment at the Suwon Friwon, and the said judgment became final and conclusive on August 29, 2016.
[2] From May 2013, the Defendant, as a medical and construction business entity, found the victim as a customer in Ansan-gu E where the victim D operated from May 2013, and became aware of the victim’s identity.
The Defendant had no money in 2013 through 2014 and had an obligation to pay approximately KRW 25 million. Thus, even if the Defendant received the sale price of electric source houses and construction costs from the injured party, the Defendant constructed the electric source house and did not have any intent or ability to sell the house to the injured party. Even if the Defendant borrowed money from the injured party in terms of construction costs, there was no intent or ability to pay the money normally. Even if the Defendant requested the victim to take photographs of the images of the performance, etc., and the Defendant did not have any intent or ability to pay the money normally, even if the Defendant was given the victim’s production of the videos
1. On May 19, 2014, the Defendant sold to the victim a electric source house to be constructed on the land located in Gwangju City (hereinafter “G electric source house”) and on the land located in Gwangju City, as the Defendant tried to build a electric source house on the land located in Gwangju City.
“In the end, the victim entered into a contract to sell the said G house with the account under the name of the Defendant’s wife on the same day, KRW 30 million on June 2, 2014; KRW 5 million on June 9, 2014; KRW 5 million on June 13, 2014; KRW 6 million on July 9, 2014; KRW 6 million on July 9, 2014; and KRW 24 million on July 15, 2014; and around July 19, 2014, the victim sold the land and the house for sale in lots (hereinafter “house for sale in lots”) to the victim on the same day.
“At the end, the sales contract for the whole house was cancelled, and the victim concluded a sales contract to sell the above I house, and the defendant concluded a new contract to sell the G.